ANUSUYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C, praying this Court to quash the entire proceedings in Special Case No.41/2020 pending on the file of I Additional District & Sessions Judge, Kodagu, Madikeri for the offences punishable under Ss. 504, 324, read with Sec. 34 of IPC and Ss. 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the SCST Act' for short).

(2.) The factual matrix of the case is that, respondent No.2 had lodged a complaint with the police-first respondent making the allegation that on 7/3/2020 at about 8:45 a.m, when the complainant went near the house of the accused persons, they have abused and assaulted with iron-pipe and also the brick and also abused taking his case name. Based on the complaint, the police have registered a case, investigated the matter and filed the charge sheet.

(3.) The petitioner is accused No.3. The learned counsel for the petitioner would vehemently contend that no specific allegation is made against this petitioner and only a reference is made that she took the name of the caste of the complainant and the only allegation against accused Nos.1 and 2 and they are not the petitioners before this court. The learned counsel would vehemently contend that in the complaint, an allegation is made that they were pushed outside and taking note of the said averment in the complaint, the learned counsel relied upon the judgment of the Apex Court in the case of Hitesh Verma V. State Of Uttarakhand And Another reported in AIR 2020 SC 5584, and brought to the notice of this Court paragraph No.15 of the judgment, wherein, the Apex Court observed that the incident has taken place within the four walls of the house and no public view inside the house, then, the offence does not attract.